Garden encroachment

tim@marford · May 23, 2021

A search on related headings was fruitless much to my surprise...

I recently gifted some distant AHA farmland to my daughters. The Parish Council have since contacted me to check if we were aware that a residential neigbour had removed the *hedge* at the end of his garden.

Hedge is an overstatement as I believe it to be a narrow natural spinney grown over a disused/uncropped drainage ditch. The PC have involved the local Tree Officer and notified the *enforcement Officer* so I guess this is a council dwelling.

The land is registered and I wondered how best to proceed. I doubt the company farming the land will be interested. Engage a Solicitor? Expensive for a few meters of uncroppable land but might deter like minded neighbours, or?

steveR · May 23, 2021

tim@marford said:
A search on related headings was fruitless much to my surprise...

I recently gifted some distant AHA farmland to my daughters. The Parish Council have since contacted me to check if we were aware that a residential neigbour had removed the *hedge* at the end of his garden.

Hedge is an overstatement as I believe it to be a narrow natural spinney grown over a disused/uncropped drainage ditch. The PC have involved the local Tree Officer and notified the *enforcement Officer* so I guess this is a council dwelling.

The land is registered and I wondered how best to proceed. I doubt the company farming the land will be interested. Engage a Solicitor? Expensive for a few meters of uncroppable land but might deter like minded neighbours, or?

The PC, or a private individual, could refer the matter, without it being Council owned land.

Thin end of the wedge... there will be a new boundary fence before you know it! A Solicitors letter first to the "neighbour" pointing out the error of his ways and require the boundary to be reinstated to the correct line!

Little squeak · May 23, 2021

do you have a written tenancy agreement? Both of mine have a clause saying it is the tenants responsability not to let anyone else gain possesion. If that is the case with yours it is very much your tenants problem as he is in breach of the agreement.

yellow belly · May 23, 2021

tim@marford said:
A search on related headings was fruitless much to my surprise...

I recently gifted some distant AHA farmland to my daughters. The Parish Council have since contacted me to check if we were aware that a residential neigbour had removed the *hedge* at the end of his garden.

Hedge is an overstatement as I believe it to be a narrow natural spinney grown over a disused/uncropped drainage ditch. The PC have involved the local Tree Officer and notified the *enforcement Officer* so I guess this is a council dwelling.

The land is registered and I wondered how best to proceed. I doubt the company farming the land will be interested. Engage a Solicitor? Expensive for a few meters of uncroppable land but might deter like minded neighbours, or?

If it is aha the you need an agent to ensure the tenant has not breached the tenancy this can have serious implications for the tenants security

Bongodog · May 23, 2021

Lots of expensive ideas being suggested, why not just get a row of posts knocked in with 2 strands of wire and a "do not f*** with the boundary" letter to the neighbour.

steveR · May 23, 2021

Bongodog said:
Lots of expensive ideas being suggested, why not just get a row of posts knocked in with 2 strands of wire and a "do not f*** with the boundary" letter to the neighbour.

Solicitors letter will be cheaper than new fencing! It'll focus the mind better of the offending neighgbour!!

However, it sounds as if the problems is the Tenants to sort out...

In which case, an informal letter/email in the first instance to the Tenant, asking them to get it sorted?

renewablejohn · May 24, 2021

My mother has just lost 150 m2 of her land in similar circumstances. Sister who was supposed to have been managing the land had not noticed new fence line had been put in the field with shrubs and trees planted in between the two fences. Solicitors advise it will cost upto 20k in legal costs to resolve even with land registry documents in our favour with no guarantee of success. Mother at 92 not prepared to fight case on her pension. On this experience I would suggest act quickly and make sure your insurance covers legal action in such circumstances.

tim@marford · May 24, 2021

Little squeak said:
do you have a written tenancy agreement? Both of mine have a clause saying it is the tenants responsability not to let anyone else gain possesion. If that is the case with yours it is very much your tenants problem as he is in breach of the agreement.

Sadly no. The land was purchased by my Grandfather in 1935! A tenancy granted to a local farmer. My Aunt inherited the land and allowed what is now a farming company to take over when the original tenant retired (sometime in the '60's). My sister and I inherited the land in 1990 and it has now been passed on to my daughters. At no stage was I ever aware of a tenancy agreement and AHA applies.

tim@marford · May 24, 2021

steveR said:
Solicitors letter will be cheaper than new fencing! It'll focus the mind better of the offending neighgbour!!

However, it sounds as if the problems is the Tenants to sort out...

In which case, an informal letter/email in the first instance to the Tenant, asking them to get it sorted?

Nice idea. I suspect, knowing these particular tenants, they will claim the ditch and shrubbery never formed part of the tenancy.

tim@marford · May 24, 2021

renewablejohn said:
My mother has just lost 150 m2 of her land in similar circumstances. Sister who was supposed to have been managing the land had not noticed new fence line had been put in the field with shrubs and trees planted in between the two fences. Solicitors advise it will cost upto 20k in legal costs to resolve even with land registry documents in our favour with no guarantee of success. Mother at 92 not prepared to fight case on her pension. On this experience I would suggest act quickly and make sure your insurance covers legal action in such circumstances.

I would be very surprised if my daughters (living in London) have considered such insurance. The Parish Council are involved but concerned about *loss of amenity/visual impact*. At 40+ miles distance, monitoring neighbours activity very difficult.

tim@marford · May 24, 2021

Bongodog said:
Lots of expensive ideas being suggested, why not just get a row of posts knocked in with 2 strands of wire and a "do not f*** with the boundary" letter to the neighbour.

Distance a problem.

roscoe erf · May 24, 2021

we had this same issue 1/2 hr with a jcb soon sorted it

Goweresque · May 24, 2021

If its a boundary issue, the best way is go in hard early. Don't get bogged down in solicitors letters, while the trees are freshly cut get in there and ram in some solid posts along the boundary (steel ideally, and a long way in) and erect a solid agricultural fence on them. Stick the onus of taking any legal action onto the other party by making it a fait accompli. Let them pay for solicitors letters, not you.

I learned this lesson decades ago from my father, he was having the same problems with a house that bordered one of his fields, one evening he got a few mates and a digger and they went and pushed in some steel pipes in along the boundary and erected a fence on them. They got shouted at and called every name under the sun by the 'lady' of the house, but the posts are still there to this day, the 'lady' is long gone.

renewablejohn · May 24, 2021

Goweresque said:
If its a boundary issue, the best way is go in hard early. Don't get bogged down in solicitors letters, while the trees are freshly cut get in there and ram in some solid posts along the boundary (steel ideally, and a long way in) and erect a solid agricultural fence on them. Stick the onus of taking any legal action onto the other party by making it a fait accompli. Let them pay for solicitors letters, not you.

I learned this lesson decades ago from my father, he was having the same problems with a house that bordered one of his fields, one evening he got a few mates and a digger and they went and pushed in some steel pipes in along the boundary and erected a fence on them. They got shouted at and called every name under the sun by the 'lady' of the house, but the posts are still there to this day, the 'lady' is long gone.

That was going to be my response but being the youngest of 4 I was over ruled.

Goweresque · May 24, 2021

The beauty of doing this sort of stuff nowadays is that you can get someone to film while you're working. Any shenanigans from the householder and its all on film, straight down to the cop shop and turn them in. In the old days it was one mans word against another and all sorts of allegations could be made with no way of refuting them. Now its easy to protect yourself.

Chris F · May 24, 2021

Goweresque said:
The beauty of doing this sort of stuff nowadays is that you can get someone to film while you're working. Any shenanigans from the householder and its all on film, straight down to the cop shop and turn them in. In the old days it was one mans word against another and all sorts of allegations could be made with no way of refuting them. Now its easy to protect yourself.

Or a nice dash cam in the digger.

steveR · May 24, 2021

tim@marford said:
Nice idea. I suspect, knowing these particular tenants, they will claim the ditch and shrubbery never formed part of the tenancy.

Sounds more like they have not been carrying out the maintenance of the "less profitable" areas to me...

Bongodog · May 24, 2021

renewablejohn said:
That was going to be my response but being the youngest of 4 I was over ruled.

Seems like you have some spineless siblings

ewald · May 24, 2021

tim@marford said:
I would be very surprised if my daughters (living in London) have considered such insurance. The Parish Council are involved but concerned about *loss of amenity/visual impact*. At 40+ miles distance, monitoring neighbours activity very difficult.

If you were 400 miles away, I would agree that distance is an issue. But 40 miles?
Get in the car, you could be knocking on a door asking questions in an hour!
Tenants always take advantage of absentee landlords, as do neighbours.

tim@marford · May 24, 2021

ewald said:
If you were 400 miles away, I would agree that distance is an issue. But 40 miles?
Get in the car, you could be knocking on a door asking questions in an hour!
Tenants always take advantage of absentee landlords, as do neighbours.

Direct action! I don't think the tenants would be over pleased at a set of digger tracks across a 20 acre arable field. Bang on the door is more practical.
In the absence of any cost free magic suggestions

I plan to ask the PC what response they have had from housing management as I believe these are *housing Association* properties and proceed from there.

Criticising the tenants for failing to maintain the land drainage and ditch in the absence of an agreement and after 60+ years is a non starter although I may laugh if they whinge again about the field *springing*.

Thanks to all for advice and comment. Curious that land, while a saleable asset, is not subject to criminal law. Magna Carta or some such

Garden encroachment

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Staff Member

Member

Member

Member

Member

0 %

Up to 25%

25-50%

50-75%

75-100%

100% I’ve had enough of farming!

Share this page